Terms & Conditions
Webtec Insurance Services, Inc.
This web site (“Web Site”) is owned and maintained by Webtec Insurance Services, Inc. (“we,” “us,” or the “Company”).
This Web Site provides users with access to an online collection of information and materials and certain online services (collectively, the “Services”) offered by the Company. These materials may include information related to certain insurance products and services (“Products and Services”) and insurance-related services provided by the Company. The Web Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about the Products and Services, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Web Site (“Software”).
PLEASE NOTE: Your access to and use of this Web Site are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Web Site or any Content, Services or Software contained on this Web Site. Your access to and use of this Web Site constitute your acceptance of and agreement to abide by each of these terms and conditions set forth below. Unless otherwise indicated, any new Services, Content and Software added to this Web Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Web Site and these Terms of Use periodically for updates and changes.
Limited License and Site Access – The Company hereby grants you a limited license to access and make personal use of this Web Site but not to download (other than page caching, and other than for personal use, as further provided below) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Web Site or its Contents or Software; any collection and use of any product listings, descriptions or prices; any derivative use of this Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without the Company’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the Company name(s) or service marks without the express written consent of their owners. Any unauthorized use of this Web Site terminates the permission or license granted by the Company.
Availability of Products and Services – Due to various insurance and other regulatory restrictions, certain Products and Services described on this Web Site are not available to all users. Also, Products and Services may vary by jurisdiction and not all Products and Services are available or suitable for all United States jurisdictions. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT, OR OTHER PRODUCT OR SERVICE BY COMPANY OR ANY INSURANCE COMPANY. No security, insurance product or other product or service is offered or will be sold by Company or any insurance company, or, if sold, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.
Please contact a designated Company representative to find out which Products and Services are available to you in your state.
This Web Site may provide certain summary descriptions or other helpful information regarding Products and Services. Company attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual policy or product/service agreement to which they refer. Complete policy terms are available upon request.
Insurance quotes are furnished by the individual insurance companies and are subject to change without notice. A quote should not be construed as a promise from the insurance company to actually issue that policy or any other policy to you. Insurance quotes presented are based on the information you have provided to us. To purchase a policy, you must submit a completed application to the insurance company. The insurance company will review your application, along with other information they may obtain from outside sources such as the various Departments of Motor Vehicles. After the insurance company has completed its underwriting process they will determine the actual premium to charge you. This underwriting process may result in higher or lower premiums than your quote.
Copyright – Except as otherwise expressly stated, all Content and Software appearing on this Web Site are the copyrighted work of the Company or third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of the Company or its affiliates and is protected by U.S. and international copyright laws.
You may download information from this Web Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Company. The Company does not warrant or represent that your use of Content, Services, Software or any other materials displayed on this Web Site will not infringe rights of third parties.
Trademarks and Service Marks – All trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Site are the property of the Company or their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Web Site without the prior written authorization of the Company.
Ownership of information submitted via this Web Site – With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Notice), any information you transmit to the Company via this Web Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Company. Such information may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. The Company shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Company via this Web Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Proprietary Software – Any Software accessible through this Web Site is the property of the Company or its suppliers and is protected by U.S. patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Web Site is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by the Company through this Web Site for your use in accessing the Services and Content.
Prohibited Use – Any use or attempted use of this Web Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and utility of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.
Further, in connection with your use of the Web Site, you agree you will not:
- create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
- provide any information which is false, misleading, omits material facts, or is otherwise incorrect or incomplete in any material respect;
- upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- upload or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;
- upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or
- upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party.
The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user’s access and/or account.
No Company Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Web Site is provided by third party content providers, Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, advice, statistics, services or other information expressed or made available by third party suppliers on this Web Site are those of such third party suppliers. The Company does not represent or endorse the accuracy or reliability of any opinion, statements, advice, statistics or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Web Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Company. You acknowledge that any reliance on material posted by others will be at your own risk. Statements posted on the Web Site by third parties shall not be attributable to the Company, nor shall the Company have any liability or responsibility in connection with such postings.
Hyperlinks to Third Party Web sites – This Web Site may contain hyperlinks to other web sites owned and operated by parties other than the Company. Such hyperlinks are provided only for ready reference and ease of use. We do not control such web sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Web Site provides hyperlinks to other web sites that are not owned, operated or maintained by Company, you acknowledge and agree that the Company is not responsible for and is not liable for the content, products, services or other materials on or available from such web sites to which the Web Site contains hyperlinks. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Any such web sites are likely to set forth specific terms of use and privacy policies that you should review. The Company is under no obligation to maintain any link on this Web Site and may remove a link at any time in its sole discretion for any reason whatsoever. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site. The Company is not responsible for the privacy practices of any other web sites.
Hyperlinks by Third Party Websites – No person is permitted to create a hyperlink to this Web Site without prior written consent of Company.
Web Site Privacy Notice – Our Web Site describes the details of the Company’s information practices and procedures for personal information we collect at this Web Site. We urge you to read our Web Site Privacy Notice.
Modification to Services – The Company may, at its discretion, modify or discontinue any of the Products and Services, Content or Software, or any portion thereof, with or without notice. The Company will not be liable to you or any third party for any modification or discontinuance of any of the Products and Services, Content or Software.
Disclaimer – Information contained on this Web Site has been prepared by the Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but, unless expressly stated otherwise by the Company, makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Web Site or any other Web Site maintained by the Company. Users relying on information from this Web Site do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for complete terms, exclusions and conditions. Should you purchase a product from Company or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of this Web Site does not affect that purchase in any manner.
This Web Site may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model “what-if” scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report.
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS OR SERVICES, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE COMPANY DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the limitations above may not apply to you.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notices – Any notices to you from the Company regarding the Web Site or these Terms of Use will be posted on this Web Site or made by e-mail or regular mail.
When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
WEBSITE TRACKING
In addition to personal information or other information that you choose to provide to us, we and our third-party service providers may use a variety of technologies collect and store certain information whenever you visit this Web Site (“Usage Information”). This Usage Information may be collected using various technologies interacting with your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) when you visit this Web Site. To the extent we associate Usage Information with your personal information we collect directly from you, we will treat it as personal information in accordance with our Privacy Policy.
Among the technologies we may use to collect Usage Information are cookies, web beacons, embedded scripts, browser fingerprinting, GPS, iBeacons, and ETags (collectively “Tracking Technologies”). A cookie (or “locally shared object”) is a data file placed on your Device when you visit our site. Your browser, or other software (including Adobe Flash), may allow you to reject or remove cookies, but if you do so, some features of our Services may not work properly, and we may not be able to remember your preferences the next time that you visit. When you visit this Site from a mobile device, like a smartphone, we may also collect additional information from your device, including your location, device identifier, and information about your mobile network.
We may use Tracking Technologies for a variety of purposes, including, when necessary to provide the Services, to assess performance, to improve functionality and to deliver relevant content.
We obtain your consent to our collecting Usage Information by explaining our collection process in this Terms of Use and so you may choose whether to disable Cookies as described above. We are describing our Tracking Technologies and your choices regarding them so that your consent is meaningfully informed.
There may be other Tracking Technologies now and later devised and used by us at this Web Site. Further, third parties may use Tracking Technologies in connection with this Web Site, which may include the collection of information about your online activities over time and across third-party web sites or online services. We might not control those Tracking Technologies and we are not responsible for them.
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how this Web Site responds to “Do Not Track” browser settings.
There currently is no consensus among industry participants as to what “Do Not Track” means in this context. This Web Site does not alter its process when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit https://allaboutdnt.com/.
Regular Cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies or other Tracking Technologies. For information on disabling Flash cookies go to Adobe’s website www.adobe.com.
Please be aware that if you disable or remove these technologies some parts of our Services may not work and that when you revisit this Web Site your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Entire Agreement – These Terms of Use, the Privacy Notice, and other policies the Company may post on this Web Site constitute the entire agreement between the Company and you in connection with your use of this Web Site and the Content, Services and Software, and supersedes any prior agreements between the Company and you regarding use of this Web Site, including prior versions of these Terms of Use.
Age and Location of User – All Content available on this Web Site is solely directed to individuals 18 years of age or older residing in the United States. The Company makes no representation that the Content, information, Services or Software are available for use outside of the United States. Any use of the Services, Content and Software is prohibited where they are not allowed by law.
THIS WEB SITE CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES
Dispute Resolution – Any controversy or claim arising out of or relating to these Terms of Use, our Privacy Notice, or use of this Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in Colorado, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Douglas County, Colorado, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Douglas County, Colorado and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or the Company may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Douglas County, Colorado as may be necessary to protect the rights or property of you or the Company pending the completion of arbitration. You agree that any action to enforce this arbitration provision will be brought in the federal or state courts located in Douglas County, Colorado.
Governing Law; Jurisdiction; Venue; Severability of Provisions – The Terms of Use are governed by the laws of the State of Colorado, USA and controlling United States federal law without regard to any conflicts of law provisions. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
If you have been given the option to open an account on this Web Site which will provide you with access to password protected portions of the Web Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
To the maximum extent possible, each of the disclaimers and each of the provisions of the Terms of Use shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.
No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The Company reserves the right to modify these Terms of Use without notice to you, and your continued use of the Web Site after such modifications will make such modifications binding on you. These Terms of Use are effective until terminated or updated by the Company. In the event of termination of these Terms of Use, the disclaimers and limitations of liabilities set forth in the Terms of Use will survive. The modified Terms of Use will apply only to disputes that arise after the modification has been posted on the Web Site. After the Terms of Use have been modified, the Web Site will provide a link to a Notification of Modification for Web Site users for a period of one (1) year after the effective date of such modification.
If you have any questions about these Terms of Use, please write to us at info@webtecinsurance.com.
Last Updated: December 11th, 2019
CO License # 546980